Idaho Small Lawsuit Resolution Act
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The Idaho Legislature established the "Idaho Small Lawsuit Resolution Act," in an effort to "reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes . . .." Idaho Code 7-1502. This process combines elements of both mediation and arbitration.
Under the Act, the parties can choose to mediate their dispute, or can seek a neutral evaluation. During the evaluation process, the parties put on evidence in a relatively informal setting to a neutral evaluator, who then issues a decision. The parties can accept the decision or either party may decline the evaluator's decision and return the case to traditional litigation and trial.
While the evaluator's decision is not binding, the Act provides an incentive to seriously consider the evaluator's decision by providing that the appealing party must improve its position by 15% or will pay the costs and attorneys fees incurred by the opposing party.
Mark Hilty
Under the Act, the parties can choose to mediate their dispute, or can seek a neutral evaluation. During the evaluation process, the parties put on evidence in a relatively informal setting to a neutral evaluator, who then issues a decision. The parties can accept the decision or either party may decline the evaluator's decision and return the case to traditional litigation and trial.
While the evaluator's decision is not binding, the Act provides an incentive to seriously consider the evaluator's decision by providing that the appealing party must improve its position by 15% or will pay the costs and attorneys fees incurred by the opposing party.
Mark Hilty